The U.S. Environmental Protection Agency’s temporary enforcement discretion policy applies to civil violations during the COVID-19 outbreak and expects operators of public water systems to continue to ensure the safety of the nation’s drinking water supplies. The policy also describes the steps that regulated facilities should take to qualify for enforcement discretion.
“The EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact the ability of regulated facilities to meet all federal regulatory requirements,” said EPA Administrator Andrew Wheeler. “This temporary policy is designed to provide enforcement discretion under the current, extraordinary conditions, while ensuring facility operations continue to protect human health and the environment.”
The temporary policy makes it clear that EPA expects regulated facilities to comply with regulatory requirements, where reasonably practicable, and to return to compliance as quickly as possible. To be eligible for enforcement discretion, the policy also requires facilities to document decisions made to prevent or mitigate noncompliance and demonstrate how the noncompliance was caused by the COVID-19 pandemic.
This policy does not provide leniency for intentional criminal violations of law.
The policy does not apply to activities that are carried out under Superfund and RCRA Corrective Action enforcement instruments. The EPA will address these matters in separate communications.
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